J.C. Penney May Be Subject to Damages in Macy’s Suit

J.C. Penney Co. may be subject to damages if it’s selling Martha Stewart Living Omnimedia Inc.’s plastic partyware in violation of a court order obtained by Macy’s Inc., a New York state judge said today.

Macy’s, claiming the exclusive right to sell certain categories of Martha Stewart-branded goods, sued J.C. Penney for carrying some of the same merchandise. Macy’s this week sought to renew a motion to enforce an injunction it obtained in July, claiming that the partyware is in an exclusive category and that stocking it at J.C. Penney stores violates the court order.